VISHAL SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal has been filed u/sec. 374 (2) Cr. P. C. by accused appellant Vishal Singh against the judgment dated 25. 10. 1997 passed by learned Special Judge, SC/st Act Cases, Jodhpur in Sessions case No. 11/97 by which he has been convicted u/sec. 302 IPC and sentenced to life imprisonment with a fine of Rs. 5,000/- and in default to further undergo two years' simple imprisonment. He has also been convicted under Sec. 341 IPC and sentenced to one month's simple imprisonment with a fine of Rs. 100/- and in default to further undergo seven days' simple imprisonment. Both the sentences were ordered to run concurrently.

(2.) THE prosecution story as unfolded in the trial court is that at 8. 00 P. M. on 5. 12. 1996 in the city of Jodhpur PW6 Mukesh with his uncle PW 7 Chetan Prakash as also his father Kaluram (since deceased) went to Railway Stadium on bicycles to bring waste meals discarded by the marriage party for their pigs. At about 10. 15 P. M. they were coming back from the Railway Stadium alongwith two cycles and the waste meals near S. P. S. School. By the side of the road five persons were standing with a scooter and a Hero Puch. THEy stopped the complainant party and asked wherefrom they are coming and called them thieves and wanted to take their personal search. When Kaluram (since deceased) as also PW 7 Chetan Prakash refused to give their personal search Vishal Singh, accused appellant herein, took out a knife from his pocket and inflicted the fatal blow on the chest of Kaluram. Co-accused Manoj Kumar (acquitted by the trial Court) inflicted a stone blow on the head of Kaluram. THE remaining three persons started beating by fists. When PW-6 Mukesh and PW-7 Chetan Prakash intervened, all the assailants made good their escape.

(3.) WE have carefully considered the rival contentions.